In 2023, the Department of Homeland Security (DHS) created a labor-based deferred action process for immigrant workers involved in labor disputes with their employer (or potentially former employer). The purpose of the new program was to address the fact that immigrant workers are sometimes hesitant or afraid to report employment law violations or to cooperate in the subsequent investigations due to concerns about the potential immigration consequences.
To be eligible, the worker’s employer (or former employer) must be the subject of an open labor agency investigation and the labor agency must submit a letter to DHS supporting deferred action for the workers. In addition, the worker needs to submit proof that they fall within the scope of workers described in the labor agency’s letter. DHS has the discretion to decide whether to grant deferred action in each case and can deny it for any reason.
If a worker’s application is approved, they receive a grant of deferred action for two years, which is essentially a commitment by DHS not to pursue deportation against the individual. It also allows the individual to apply for work authorization if they can demonstrate a need to work, which is also valid for two years. The worker may be able to renew the deferred action period as well as their work authorization if the labor agency’s investigation continues past the initial two-year period.
If you are interested in learning more about deferred action and whether you may be eligible, please contact us to schedule a consultation. Please note that the information in this post should not be construed as legal advice. There can be risks involved when applying for deferred action and you should meet with an immigration attorney to discuss those risks prior to applying.
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